How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
Type Your Family Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

i have a child support hearing(my son is 7 years old), I work

This answer was rated:

i have a child support hearing(my son is 7 years old), I work and my sons father is not currently working (which is questionable) but our son is a special needs child, he has ADD/ADHD, sensory deprivation disorder, anxiety disorder, social delays, developmental delay (no neurological delay's), bi-later cleft lip and palate (he has had 5 surgeries), eczema, and sever allergies. My son as a psychologist, a therapist, an occupational therapist, and speech therapist, and takes medications that are paid for by medicaid but he also has additional expenses that are not paid for by medicaid, my question is can I ask the judge to consider what my sons fathers earning potential is when he determines child support payment

Actually, yes, you can ask the judge to consider the father's earning potential as opposed to his actual income. While child support is typically considered to be based on earnings, it is actually based on the person's earning potential. If, for example, a person was earning $100,000 but voluntarily decreased his income to $50,000, the support would likely still be based on the income of $100,000. In making this argument, you will want to be able to demonstrate two things, first that he previously earned that income and second that he still has the ability to earn that income.

I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph and 6 other Family Law Specialists are ready to help you

Related Family Law Questions